Open Access Research Article

A COMPARATIVE STUDY OF LEGAL ARGUMENTS AND STATUTORY REFORM PROPOSALS ON THE CRIMINALISATION OF MARITAL RAPE IN INDIA

Author(s):
EKTA GAWANDE SRASHTY SAMADHIYA
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8
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Abstract

Marital rape remains one of the most debated and unresolved issues under Indian criminal law, as Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023, continues to exempt a husband from liability for rape when he engages in sexual intercourse with his wife, who is eighteen years of age or above, without her consent. This legal position has raised several questions in light of evolving constitutional jurisprudence regarding consent, bodily autonomy, dignity, equality and the protection of women within marriage. This paper aims to examine the comparative legal arguments on criminalization of marital rape and statutory reform proposals suggested for addressing the existing legal position in India. The research adopts a doctrinal, and comparative research methodology. The doctrinal part examines relevant statutory provisions, judicial decisions and legal literature, and the comparative study examining marital rape provisions across jurisdictions of selected countries where marital rape has been criminalized. It also examines arguments in favour and against criminalization, including the principle of consent, equality, privacy, dignity and bodily autonomy as well as solicitude regarding false complaints and misuse of law. The findings of the study are to assess whether the existing Indian legal frameworks are sufficient to protect the rights of the married women. This study concludes that there is a need for careful balance between protection from non-consensual conduct and safeguard against misuse of law. It also evaluates whether removal or modification of marital rape exception, could provide a clearer legal framework in India.   Keywords Spousal sexual abuse, Marriage, Bodily autonomy, Dignity, Consent, Legal framework, Legal protection, Women’s rights.  

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Authors: EKTA GAWANDE & SRASHTY SAMADHIYARegistration ID: 1013587 | Published Paper ID: IJLRA13587 & IJLRA13588Approved ISSN: 2582-6433 | Country: Delhi, India

Article Information

A COMPARATIVE STUDY OF LEGAL ARGUMENTS AND STATUTORY REFORM PROPOSALS ON THE CRIMINALISATION OF MARITAL RAPE IN INDIA

Authors: EKTA GAWANDE, SRASHTY SAMADHIYA

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 8
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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